How to File a Birth Injury Lawsuit

Inadvertent mistakes made by doctors, nurses and other medical staff during childbirth could result in permanent birth injuries that need lifetime treatment and costly care. A lawsuit can aid in paying for these costs and hold the parties responsible accountable.

An attorney will determine if there was a case of negligence occurred through reviewing medical records and engaging experts. Experts will look over medical evidence and deposition testimony.

Damages

Unexpected birth injuries can be traumatic for a family, and they can cost lots. They might require ongoing medical treatment, medications or assistive devices. Compensation from a successful lawsuit can help them afford the care they require for a higher quality of life.

The amount of compensation the plaintiff receives in a successful callaway birth injury lawyer injury lawsuit will depend on how serious the injuries are as well as the impact they've had on their lives. Compensation can be given for various kinds of injury. Economic damages are the most tangible and objective types of damages. They could include medical costs and lost wages.

Non-economic damages are subjective and not quantifiable. They may include injuries and pain, disfigurement and loss of enjoyment of life, and much more. Expert witnesses will present evidence to the jury to aid them in determining these types.

It is important to note that in most cases, the victim and their attorney can reach a settlement instead of going to trial. This is because trials are expensive, time-consuming and risky for both sides. Settlements allow both parties to move on with their lives and avoid the risks. Settlements also tend to offer families compensation much earlier than a jury verdict.

Statute of limitations

Families require a lawyer at their side when medical malpractice occurs. A lawyer can aid in the creation of claims by requesting medical records of the hospital or doctor which was responsible for the birth injury. The records should be requested as fast as possible to prevent them from being lost or altered.

A medical expert can be consulted by an experienced lawyer to determine if the hospital or doctor acted the correct way in the circumstances. They will also determine if the injury was by medical negligence or a mistake. To be successful in a medical malpractice lawsuit the victim must demonstrate that the doctor's behavior was not in accordance with generally accepted standards of care for doctors of their type and specialty, and that the deviation directly caused the birth injury.

When the case is adequately crafted and a lawyer will submit an application to the malpractice insurance company of the hospital or doctor. The demand will contain all records and documentation supporting the claim. The insurance company may accept the demand, or make an offer counter to it.

In these cases, victims can receive compensation for medical expenses as well as lost income, non-economic damages like pain and suffering or punitive damages if the case is more serious. If the case is taken to court, the awards must be approved by the court. However, most of these cases settle prior to trial. The trial process is risky and stressful for plaintiffs, and judges and juries often decide to award large verdicts against hospitals and doctors in these types of cases.

Preparation

If you are filing a birth injury lawsuit, it is crucial to begin the process as soon as possible. This will allow your lawyer to gather crucial evidence and create a strong case for you. It can also stop your medical provider not destroying or altering documents that are required.

Your attorney will request medical records for your child and all those involved in the delivery of your child. They will also employ medical experts to look over the records and establish the standards of care. Typically doctors are held to a higher standard than nurses or generalists since they have specialized training and know-how.

Your legal team and you will need to prove four elements in a medical malpractice lawsuit that include breach of duty, breach of duty causation, duty and damages. Depending on the severity of your claim you may be awarded financial compensation for both economic and non-economic damages. In some instances, unjust actions can warrant punitive damages designed to punish defendants.

After evaluating the evidence and negotiating with defendants, your lawyer will try to reach an agreement. This is a less risky approach to secure compensation, but might not be feasible for every case. If you don't reach an agreement, your lawyer will prepare for trial. This will require taking depositions. These are sworn testimony that take the form of a question-and-answer session with an attorney.

Trial

It is imperative to consult with a birth injury lawyer within the first few days after the Hermitage Birth Injury Law Firm of the child. A seasoned lawyer will be able to review medical records, consult experts as witnesses and construct an effective case capable of obtaining maximum compensation. Most attorneys offer free consultations and evaluations of cases There is no cost to speak with an attorney to get an assessment of the possibilities for a valid medical malpractice claim.

A successful birth injury case rests on the proof that the defendant had a duty of reasonable care. This is established by proving that the medical provider failed to exercise the appropriate level of care and skill which is expected of the profession under similar circumstances. Failure to follow this standard could result in injury, illness or even death of the patient.

In most cases the plaintiff's counsel will depose the doctors and other medical professionals who were involved in the birthing of the injured child. These statements are taken on swearing under oath and considered evidence.

In most cases, the defendants will attempt to settle the case in order to minimize the risk that a jury verdict for medical malpractice could be excessive. If a settlement isn't possible, the case can be put on trial. During the trial, the jury will decide the amount of compensation that should be awarded to the plaintiff and any other parties in the case. The amount could be a reimbursement for future and past medical expenses, home modifications, therapy sessions, and other expenses associated with the condition of the child who was injured.